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HF 3361

as introduced - 88th Legislature (2013 - 2014) Posted on 04/28/2014 11:02am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; requiring the physical presence of a physician and follow-up
visits when drugs or chemicals are used to induce an abortion; providing criminal
penalties; amending Minnesota Statutes 2012, section 145.412, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 145.412, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

new text begin (a) new text end It shall be unlawful to willfully perform an
abortion unless the abortion is performed:

(1) by a physician licensed to practice medicine pursuant to chapter 147new text begin who is board
certified in obstetrics and gynecology
new text end , or a physician in training under the supervision of a
licensed physiciannew text begin who is board certified in obstetrics and gynecologynew text end ;

(2) in a hospital or abortion facility if the abortion is performed after the first trimester;

(3) in a manner consistent with the lawful rules promulgated by the state
commissioner of health; and

(4) with the consent of the woman submitting to the abortion after a full explanation
of the procedure and effect of the abortion.

new text begin (b) When any drug or chemical is used for the purpose of inducing an abortion, the
drug or chemical must be administered in the same room and in the physical presence of
the physician who prescribed, dispensed, or otherwise provided the drug or chemical
to the pregnant woman.
new text end

new text begin (c) The physician inducing the abortion shall give the pregnant woman written
instructions to return 12 to 18 days after the administration or use of any drug or chemical
for the purpose of inducing an abortion for a follow-up visit, so the physician may confirm
the pregnancy has been terminated and assess the woman's medical condition. The
woman's medical record must include a brief description of the reasonable efforts made by
the physician or someone acting on behalf of the physician to encourage the woman to
attend the follow-up appointment, including the date, time, and identification, by name,
of the person making the efforts.
new text end

new text begin (d) Any person who knowingly or recklessly violates this section is guilty of a
felony. No civil or criminal penalty shall be assessed against the patient upon whom the
abortion is performed, induced, or attempted to be performed or induced.
new text end